THE Department of Justice (DOJ) yesterday said it reiterated its stance that the Marcos administration is neither involved in “red tagging” nor whitewashing of cases involving raking government officials during its dialogue with United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression Irene Khan.
Justice Undersecretaries Jesse Andres and Raul Vasquez met with Khan at the DOJ main office in Manila.
“We explained that there is no policy of red tagging. If there were individual cases that we need to address for red tagging that happened, we asked that all of the complainants and evidence be brought forth with the Department of Justice and we will pursue (the) appropriate cases against those involved in red tagging,” Andres said in a press briefing after the dialogue with Khan.
He said that if there are state actors or non-state actors involved in red tagging, cases will be filed by the DOJ.
“We will pursue cases against these individuals to show that it is indeed the present state policy,” he said, adding that he also explained to the UN official that there is enough domestic mechanism to address the matter.
He said he also told Khan that the DOJ is working closely with civil society organizations to address alleged cases of red tagging.
“That is how we believe we can bridge the gap, especially to address red tagging. We need to build confidence with civil society organizations that their advocacies are equally our advocacies, and we are partners with them in pursuing these advocacies,” he added.
For his part, Vasquez said he told the UN envoy that the DOJ is “ready and able” to assist anyone especially members of the civil society or victims of any of the so-called extrajudicial killings or any heinous crimes.
“All of these reforms are really meant to ensure that everybody, not just media practitioners, will be protected,” he said.
“There is a program we call Administrative Order 35 which is really intended to address extrajudicial killings and enforced disappearances and grave violation of human rights,” he also said.
He said the DOJ is currently reviewing the operational guidelines of AO 35 to make it more effective.
“We want to include in the AO 35 operational guidelines a more pro-active stance of prosecutors consistent with Department Circular No. 20 where prosecutors will proactively coordinate and partner with law enforcement agents to build up the case at its inception,” Andres said.
He said Khan requested the DOJ to provide updates on cases, such as the 2022 killing of broadcast journalist Percival “Percy Lapid” Mabasa.
“We were requested to provide certain updates on four particular cases that they had particular interest in, and we gave updates,” he said.
“With respect to the Percy Lapid case, despite the fact that the accused here is a high-ranking government official with the level of undersecretary, (we told her that) we pursued the case, we were able to build up the case against the individual and in fact the court has already issued a warrant of arrest,” he added, referring to sacked Bureau of Corrections Director General Gerard Bantag.
Bantag and his deputy, Ricardo Zulueta, were tagged as the alleged masterminds in the murder. The two remains at large and are the subject of manhunt operations by authorities.
The two officials said they assured Khan that there will be no whitewashing of any particular case even it involves a high-ranking government official.
“We also explained not all of these killings have a direct relation to press freedom or freedom of expression,” Andres said.
At the end of her 10-day visit, Khan is expected to come up with a final report to be considered during the 59th Session of the UN Human Rights Council in June 2025.
Khan is the third Special Rapporteur received by the Philippines since 2022, as part of the government’s open and constructive engagement on human rights with relevant UN mechanisms.
Last year, UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions Dr. Morris Tidball-Binz and Special Rapporteur on Climate Change and Human Rights Ian Fry also visited the country.
UN Special rapporteurs are independent experts appointed by the Human Rights Council who address either specific country situations or thematic areas around the world.
